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Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person engaged in driving a compact farmer who is a farming organization.
On October 13, 2014, the Defendant: (a) performed the work of cutting rice as the said compacter in the instant compacter in the field cultivated by the victim E in Seocho-si, Seosan-si on October 13, 2014, and transferred the harvested rice to the boom that is used by the victim in his hand on the part of his own.
In such cases, there was a duty of care to take safety measures necessary to prevent the occurrence of accidents, such as examining whether there is a person in the vicinity of the compact, and accurately manipulating the steering gear, etc. of the compact person.
Nevertheless, the defendant neglected this and caused the victim to fall on the above part of the victim's left back, due to the negligence of wrong operation of the above compact, and caused the victim to fall on the above part.
As a result, the Defendant suffered injury, such as malabage, etc., where the victim cannot know the number of days of treatment due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. A certificate of emergency medical services;
1. Photographs (influoric photo);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 1 (Special Mitigation in April-10) (Special Mitigation in April-1), / In the basic area (including efforts to recover from damage) / (one type) / In the event of serious injury (one type) / (one type) / (one type) / Defendant’s decision to sentence / (one type) / Defendant’s decision to sentence / Defendant’s shocking the victim by using the compact with his/her compact, causing the victim to an unknown state of consciousness. The Defendant’s decision to sentence is disadvantageous to the Defendant. Although the Defendant was unable to reach an agreement with the victim because the victim’s consciousness is unknown, it was agreed with his/her family members